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U.S. v. NICHOLS

No. CR-1-90-123.

763 F.Supp. 277 (1991)

UNITED STATES of America v. Kenneth NICHOLS.

United States District Court, E.D. Tennessee, S.D.

April 29, 1991.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., Steven H. Cook, Asst. U.S. Atty., Chattanooga, Tenn., for plaintiff.

Bruce H. Morris, Atlanta, Ga., for defendant.

MEMORANDUM

EDGAR, District Judge.

The sentencing of the defendant in this case presents two significant issues.

I. Uncounseled Misdemeanor Conviction

Paragraph 22 of the presentence report assesses the defendant one criminal history point for a 1983 DUI misdemeanor conviction in the State of Georgia. The defendant was not incarcerated but received a $250 fine in connection with that offense.

The defendant maintains that the...

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